PART IIIF3DISCRIMINATION AND HARASSMENT IN THE EMPLOYMENT FIELD
F2Discrimination and harassment in the employment field
SR 2003/520
F1. . . employment agencies22
1
It is unlawful for an employment agency to discriminate against a person,F1. . .
a
in the terms on which the agency offers to provide any of its services; or
b
by refusing or deliberately omitting to provide any of its services; or
c
in the way it provides any of its services.
F11A
It is unlawful for an employment agency, in relation to the provision of its services, to subject to harassment a person to whom it provides such services or who requests the provision of such services.
2
References inF1 paragraphs (1) and (1A) to the services of an employment agency include guidance on careers and any other services related to employment.
3
F1Paragraph (1) does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person concerned.
4
An employment agency shall not be subject to any liability underF1 paragraph (1) if it proves—
a
that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of paragraph (3), its action would not be unlawful; and
b
that it was reasonable for it to rely on the statement.
5
A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)(a) which in a material respect is false or misleading shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
SR 2003/520